We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Williams v. Commonwealth

Facts:

The Commonwealth sought rehearing of the court judgment reversing the Circuit Court of Fairfax (Virginia), which convicted defendant of driving under the influence (DUI).

If you are facing a traffic case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

Under Va. Code Ann. § 46.2-943, a defendant is entitled to a bifurcated trial in which his prior convictions will not be introduced until after a finding of guilt. Evidence of prior driving under the influence (DUI) convictions does not constitute the traffic record as contemplated by § 46.2-943 where the offense charged under Va. Code Ann. § 18.2-266 is a subsequent offense of DUI punishable under Va. Code Ann. § 18.2-270. Proof of such charge requires proof of prior DUI convictions.

If you have been charged with a criminal offense of DUI in Virginia, contact our law firm for help.

Charles v. Commonwealth

Facts:

In a driving under influence (DUI) case, the Defendant appealed a judgment by the Court of Appeals (Virginia) that upheld the Circuit Court’s denial of his motion to suppress; defendant claimed that his Fifth Amendment rights were violated because a reasonable perso

n in his situation would have concluded that he was not free to leave the scene of an accident.

Traffic Stop DUI Richmond Virginia Laws

If you are facing a traffic case in Richmond, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747.

Holdings:

The Virginia Court made the following holding:

If a motorist who has been detained pursuant to a traffic stop thereafter is subjected to treatment that renders him “in custody” for practical purposes, he will be entitled to the full panoply of protections prescribed by Miranda.

An ordinary traffic stop is more analogous to a “Terry stop” than to restrictions associated with a formal arrest.

Because the determination whether a suspect is “in custody” for Miranda purposes requires an objective focus, the only relevant inquiry is how a reasonable person in the suspect’s situation would have understood his circumstances. Thus, the subjective perspective of either the suspect or the interrogating police officer has no bearing on the issue whether the suspect was “in custody” at the time he was questioned by the police.

We also have offices in Fairfax, Lynchburg, Manassas, Loudoun, & Virginia Beach.

DUI & Reckless Disregard Of Life Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

DUI Reckless Disregard Virginia Laws

Va. Code Ann.18.2-51.4

18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated.

A. Any person who, as a result of driving while intoxicated in violation of 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment shall be guilty of a Class 6 felony. The driver’s license of any person convicted under this section shall be revoked pursuant to subsection B of 46.2-391.

B. The provisions of Article 2 ( 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall apply, mutatis mutandis, upon arrest for a violation of this section.

Any person who, as a result of driving while intoxicated in violation of 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment.

i. Shall be guilty of a Class 6 felony.

ii. The driver’s license shall be revoked pursuant to subsection B of 46.2-391 upon conviction

The provisions of Article 2 ( 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall apply, mutatis mutandis, upon arrest for a violation of this section.

Va. Code Ann. § 18.2-266

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than:

(a) 0.02 milligrams of cocaine per liter of blood,

(b) 0.1 milligrams of methamphetamine per liter of blood,

(c) 0.01 milligrams of phencyclidine per liter of blood, or

(d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train

while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article,

while such person is under the influence of alcohol,

while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely

while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or

while such person has a blood concentration of any of the following substances at a level that is equal to or greater than:

(a) 0.02 milligrams of cocaine per liter of blood,

(b) 0.1 milligrams of methamphetamine per liter of blood,

(c) 0.01 milligrams of phencyclidine per liter of blood, or

(d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.

Va. Code Ann. § 18.2-266 DUI

Violation of this section

A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

Va. Code Ann. § 18.2-266 DUI

“motor vehicle”

For the purposes of this article, the term“motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.

Va. Code Ann. § 18.2-266.1

A. It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.

B. A violation of this section is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person’s license to operate a motor vehicle for a period of one year from the date of conviction and (ii) a mandatory minimum fine of $ 500 or performance of a mandatory minimum of 50 hours of community service. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.

C. Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.

Persons under age 21 driving after illegally consuming alcohol; penalty

It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol.

Any such person with a blood alcohol concentration of 0.02 percent or

More by weight by volume or 0.02 grams or

More per 210 liters of breath but less than 0.08 by weight by volume or

Less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.

A violation of this section is a Class 1 misdemeanor.Punishment shall include

Forfeiture of such person’s license to operate a motor vehicle for a period of one year from the date of conviction and

A mandatory minimum fine of $ 500 or performance of a mandatory minimum of 50 hours of community service.

This suspension period shall be in addition to the suspension period provided under § 46.2-391.2.

The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section.

Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.

Va. Code Ann. § 18.2-266.1 Baby DUI

Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.

Va. Code Ann. § 18.2-268.3

§ 18.2-268.3. Refusal of tests; penalties; procedures

A. It shall be unlawful for a person who is arrested for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this section.

B. When a person is arrested for a violation of § 18.2-51.4, 18.2-266, 18.2-266.1 or, subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that (i) a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) the criminal penalty for unreasonable refusal within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal is a Class 2 misdemeanor, and (v) the criminal penalty for unreasonable refusal within 10 years of any two prior convictions for driving while intoxicated or unreasonable refusal is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.

C. The arresting officer shall, under oath before the magistrate, execute the form and certify, (i) that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection B to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection B read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under this section shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.

D. A first violation of this section is a civil offense and subsequent violations are criminal offenses. For a first offense the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

If a person is found to have violated this section and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270, arising out of separate occurrences or incidents, he is guilty of a Class 2 misdemeanor and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

If a person is found guilty of a violation of this section and within 10 years prior to the date of the refusal he was found guilty of any two of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

It shall be unlawful for a person who is arrested for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is

Shall be guilty of a violation of this section.

When a person is arrested for a violation of § 18.2-51.4, 18.2-266, 18.2-266.1 or, subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that

a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood,

a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial,

the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth,

The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.

The criminal penalty for unreasonable refusal within 10 years Of a prior conviction for driving while intoxicated or unreasonable refusal

Class 2 misdemeanor

Of any two prior convictions for driving while intoxicated or unreasonable refusal

Class 1 misdemeanor.

Va. Code Ann. § 18.2-268.3

The arresting officer shall, under oath before the magistrate, execute the form and certify,

that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing;

that the officer has read the portion of the form described in subsection B to the arrested person;

that the arrested person, after having had the portion of the form described in subsection B read to him, has refused to permit such sample or samples to be taken; and

how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under this section shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.

A first violation of this section is a civil offense and subsequent violations are criminal offenses. For a first offense the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

If a person is found to have violated this section and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270, arising out of separate occurrences or incidents, and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.If a person is found guilty of a violation of this section and within 10 years prior to the date of the refusal he was found guilty of any two of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.

DUI In Virginia

Lawyers in Virginia

In Virginia, DUI is a very serious charge, now more than ever. Driving a motor vehicle after consuming alcohol or other drugs may result in being charged with drunk driving. Driving under the influence of alcohol, drunk driving, drinking and driving is commonly referred to as a DUI or DWI. In Virginia, a DUI is the same as a DWI.

DUI Laws In Virginia

Another type of offense is a DUID. DUID is driving under the influence of drug(s) or a combination of alcohol and drugs. Regardless of whether you have been charged with a DUI, DWI or DUID in Virginia, the penalties for a DUI conviction are very serious.

The penalties you receive from the court is only the beginning. You stand to lose your job, pay an exorbitant rate for car insurance, lose your ability to drive either completely or have your driving privileges extremely restricted.

The courts have had a lot of pressure put on them lately to not give any kind of break to those charged with an offense where drinking and driving (DUI in Virginia) are involved. These laws apply not only to automobiles, but also to boats and aircraft as well.

If you wish to consult with us about a DUI/DWI/DUID case, our attorneys in Virginia can be reached at 888-437-7747.

When the laws against drunk driving (DUI) were originally passed in Virginia, a person was convicted based on a variety of factors such as driving symptoms, field sobriety tests. The drunk driving laws (DUI laws) have evolved considerably and now the standard for determining if a person is driving under the influence is a lot more objective in Virginia. The drunk driving statutes (DUI laws) in Virginia today call for a variety of standardized tests and scientific test to determine if the person who is charged with a DUI in Virginia had a blood alcohol content over the legal limit.

The three main factors the Virginia courts use to determine whether a person is guilty of a DUI in Virginia is the officer’s observations of the accused at the time of offense, field sobriety tests (FSTs) and the intoxilyzer. The current model is the Intox ECR/II.

The Intoxilyzer is used to determine a person blood alcohol content (BAC). Through out the entire United States, a BAC of .08% or higher is deemed to be an illegal if driving.

Drinking while driving (DUI) is illegal in Virginia. However, it is only illegal to drive after drinking if your BAC is higher than the legal limit.

If you are under the age of 21 and you drink and drive (DUI) , even a BAC as low as .02% is enough to convict someone of drinking and driving. The blood-alcohol limit for aircraft pilots is 0.04%, and for commercial drivers 0.04% or 0.05%, depending upon the jurisdiction.

At SRIS, P.C., our Virginia attorneys handle DUI cases in Virginia regularly. Our job is to protect your rights. If you’ve been arrested for driving under the influence of alcohol or drugs, please make an appointment with one of our Virginia attorneys regarding your DUI defense in Virginia. Don’t wait until it’s too late to mount a defense. DWI’s and DUI’s are nothing to fool around with. Our Virginia attorneys will do their best to help you.

The Virginia DUI lawyers of SRIS, P.C. are ready to assist you if you have been charged with a DUI/DWI/DUID offense.

We will do our absolute best to help you get the best result possible based on the facts of your case.

DUI Involuntary Manslaughter Virginia Laws

VIRGINIA LAWYERS – INVOLUNTARY MANSLAUGHTER STATUTE

Va. Code Ann. 18.2-36.2

18.2-36.2. Involuntary manslaughter; operating a watercraft while under the influence; penalties.

Any person who, as a result of operating a watercraft or motorboat in violation of clause (ii), (iii), or (iv) of subsection B of 29.1-738 or a similar local ordinance, unintentionally causes the death of another person, is guilty of involuntary manslaughter.

If, in addition, the conduct of the defendant was so gross, wanton, and culpable as to show a reckless disregard for human life, he shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.

The provisions of this section shall not preclude prosecution under any other homicide statute. The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After five years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in 29.1-738.5.

VIRGINIA-INVOLUNTARY MANSLAUGHTER

Involuntary manslaughter; operating a watercraft while under the influence; penalties.

Any person who,

as a result of operating a watercraft or motorboat in violation of clause (ii), (iii), or (iv) of subsection B of 29.1-738 or

a similar local ordinance, unintentionally causes the death of another person

Is guilty of involuntary manslaughter.

Any person whose conduct in addition was so gross, wanton, and culpable as to show a reckless disregard for human life

Shall be guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.

The provisions of this section shall not preclude prosecution under any other homicide statute.

DUI/BUI (Boating Under Influence) Defense In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

DUI/BUI (Boating Under Influence) Defense In Virginia

VIRGINIA LAWYERS –Boating Under The Influence (BUI/DUI)

Va. Code Ann.18.2-51.5

18.2-51.5. Maiming, etc, of another resulting from operating a watercraft while intoxicated; penalty

A. Any person who, as a result of operating a watercraft or motorboat in violation of subsection B of 29.1-738 or a similar local ordinance in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony. The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth. After two years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in 29.1-738.5.

B. The provisions of Article 3 ( 29.1-734 et seq.) of Chapter 7 of Title 29.1 shall apply, mutatis mutandis, upon arrest for a violation of this section.

Any person who, as a result of operating a watercraft or motorboat in a manner so gross, wanton, and culpable as to show reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment in violation ofi. subsection B of 29.1-738 or

a similar local ordinance

i. Shall be guilty of a Class 6 felonyii. The court shall order any person convicted under this section not to operate a watercraft or motorboat that is underway upon the waters of the Commonwealth.

After two years have passed from the date of the conviction, the convicted person may petition the court that entered the conviction for the right to operate a watercraft or motorboat upon the waters of the Commonwealth. Upon consideration of such petition, the court may restore the right to operate a watercraft or motorboat subject to such terms and conditions as the court deems appropriate, including the successful completion of a water safety alcohol rehabilitation program described in 29.1-738.5.

The provisions of Article 3 ( 29.1-734 et seq.) of Chapter 7 of Title 29.1shall apply, mutatis mutandis, upon arrest for a violation of this section.

FIRST OFFENSE DUI IN VIRGINIA

shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250

If the person’s blood alcohol level was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days.

If the level was more than 0.20, for an additional mandatory minimum period of 10 days

SECOND OFFENSE DUI IN VIRGINIA

within less than five years

mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence

within a period of five to 10 years

mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence

second offense within 10 years of a prior offense and

If the person’s blood alcohol level was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of ten days and mandatory minimum fine of $500.

If the level was more than 0.20, for an additional mandatory minimum period of 20 days and mandatory minimum fine of $500.

shall be guilty of a Class 6 felony. with a mandatory minimum sentence of 90 days, with mandatory minimum fine of $ 1000/-.

shall be guilty of a Class 6 felony, with a mandatory minimum sentence of confinement for six months with mandatory minimum fine of $ 1000/-.

THIRD OFFENSE DUI IN VIRGINIA.

Third offense within 10 years:

If within 5 years

FOURTH OR SUBSEQUENT OFFENSE DUI IN VIRGINIA:

Within the period of ten years:

Upon conviction, with a mandatory minimum term of Imprisonment of One year. In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation and under the terms of any suspended sentence for the same period as his operator’s license was suspended, not to exceed three years.

VIRGINIA DUI OFFENSE

Confinement in jail for an additional mandatory minimum period offive days

Confinement in jail for an additional mandatory minimum period often days

SECOND OFFENSE DUI IN VIRGINIA

Within 5 years

Mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence

Confinement in jail for an additional mandatory minimum period of ten days and mandatory minimum fine of $500

For an additional mandatory minimum period of 20 days and mandatory minimum fine of $500

Within 10 years

Mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence

THIRD OFFENSE DUI IN VIRGINIA

Within 5 years

Guilty of a Class 6 felony, a mandatory minimum sentence of 90 days is imposed, with mandatory minimum fine of $ 1000/-.

Within 10 years

Guilty of a Class 6 felony, a mandatory minimum sentence of six months is imposed, with mandatory minimum fine of $ 1000/-.

FOURTH OR SUBSEQUENT OFFENSE DUI IN VIRGINIA

within a period of 10 years

Upon conviction, a mandatory minimum term of Imprisonment of One year is imposed. In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation or under the terms of any suspended sentence and in the same period his operator’s license may be suspended but this period is not to exceed three years.